S1738-2011 Actions

• Jan 4, 2012: REFERRED TO CODES
• Jan 12, 2011: REFERRED TO CODES

S1738-2011 Memo

BILL NUMBER:S1738

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to eliminating the
statute of limitations for class B violent felonies

PURPOSE:
This bill is designed to enhance public safety and protect victims of
violent crime by removing the current five year statute of
limitations with respect to the prosecution of B violent felony
offenses, thereby enabling prosecutors to commence such criminal
actions at any time.

SUMMARY OF PROVISIONS:
Amends 30.10(2) of the criminal procedure law by providing that a B
violent felony criminal action may be commenced at any time.

Amends 30.10(3) of the criminal procedure law to make certain
conforming and technical changes.

JUSTIFICATION:
Statutes of limitations in criminal cases require the legislature to
balance protecting a defendant's interests in defending themselves
and protecting citizens. By setting a maximum time within which a
prosecution must be commenced, statutes of limitation, however, are
not constitutionally derived; rather they reflect "legislative
agreements of relative interests of the State and the defendant in
administering and receiving justice."

In balancing between the conflicting policies of preserving an
individual's right to defend himself or herself after the passage of
time, the legislature determined that certain crimes are so serious,
so damaging to the fabric of ordered society that no statute of
limitations should apply. As such the legislature exempted from the
statute of limitations all class A felony offenses, which include
crimes such as murder in the first and second degrees, arson and
kidnapping in the first degrees, and the highest level of drug
offenses.

By exempting class A felonies from the statute of limitations, current
law adequately recognizes that offenders who commit class A felonies
often cause lasting harm, not only to victims and their families, but
also to our system of justice. Other law must be strengthened to
provide clear recognition of the gravity of violent, serious crimes
and the compelling importance of prosecuting serious offenders, by
extending the statute of limitations. The bill accomplishes that end
by removing the statute of limitations for class B violent felony
offenses.

LEGISLATIVE HISTORY:

S.5321 - Passed Senate in 2004
S.2214 of 2005-06 - Passed Senate both years
S.454 of 2008-09 - Passed Senate both years
S.1567 of 2009-10 - Referred to Codes

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately and shall apply to offenses
committed on and after such date as well as to offenses committed
prior thereto, provided that this act shall not apply to offenses
committed prior to such date on which the prosecution thereof was
barred under the provisions of section 30.10 of the criminal
procedure law in effect immediately prior to such date.

S1738-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    1738

                         2011-2012 Regular Sessions

                              I N  SENATE

                              January 12, 2011
                                 ___________

  Introduced  by  Sens. GOLDEN, JOHNSON -- read twice and ordered printed,
    and when printed to be committed to the Committee on Codes

  AN ACT to amend the criminal procedure law, in relation  to  eliminating
    the statute of limitations for class B violent felonies

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Paragraph (a) of subdivision 2  of  section  30.10  of  the
  criminal  procedure  law, as amended by chapter 467 of the laws of 2008,
  is amended to read as follows:

    (a) A prosecution for a class A felony, A CLASS B VIOLENT  FELONY,  or
  rape  in the first degree as defined in section 130.35 of the penal law,
  or a crime defined or formerly defined in section 130.50  of  the  penal
  law,  or  aggravated  sexual  abuse  in  the  first degree as defined in
  section 130.70 of the penal law, or course of sexual conduct  against  a
  child  in the first degree as defined in section 130.75 of the penal law
  may be commenced at any time;
    S 2. This act  shall  take  effect  immediately  and  shall  apply  to
  offenses committed on and after such date as well as to offenses commit-
  ted  prior  thereto,  provided that this act shall not apply to offenses
  committed prior to such date on which the prosecution thereof was barred
  under the provisions of section 30.10 of the criminal procedure  law  in
  effect immediately prior to such date.




   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD04089-01-1